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Home My Public Portal About05-14-96 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MAY 14, 1996, 7 00 P M COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROLL CALL OF MEMBERS The meeting was called to order by the mayor at 7 05 p m Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Betty Sime, Raymond Sullivan, Vice Mayor John Wald, and Mayor John Festa Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Richard Weiss 2 INVOCATION Reverend Pat Arnold, of the Key Biscayne Presbyterian Church, gave an invocation 3 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge of Allegiance 4 APPROVAL OF MINUTES The minutes of the regular meeting of April 9, 1996, the minutes of the special meeting of April 23, 1996, and the minutes of the workshop of April 23, 1996 were adopted by unanimous consent 5 AGENDA Councilman Sime requested that Item 10-A-6, regarding a community center presentation, be heard as a special presentation item Councilman Llorente introduced Mr Armando Lacasa, a candidate for the Dade County Commission, who briefly addressed the Council and public Councilman Padovan announced that the Dade County League of Cities will be conducting a workshop on the "Role of Elected Officials" at Village Hall on Monday, May 20, 1996, at 7 00 p m Councilman Llorente requested the addition of discussion regarding discount passes for residents at the Bill Baggs Cape Florida State Recreation Area as Item 10-A-10 There were no objections to the agenda changes 6 SPECIAL PRESENTATIONS Alan Fein 525 Allendale Road, representing a citizens' group advocating the construction of a community center, briefly addressed the Council The mayor announced that he will schedule a workshop for the Council and public to further discuss the matter Page 1 of 8 May 14 1996 Pedro Hernandez, acting director of Dade County's Public Works Department, made a presentation to the Council regarding the traffic light installed on Virginia Key (intersection of Rickenbacker Causeway and National Oceanic Atmosphenc Admirustration(NOAA)/Rosensteil School of Marine and Atmosphenc Science)(RSMAS) The following citizens addressed the Council James Brewster, 500 North Mashta Drive, Kim Newlin, 755 Allendale Road, Jean Smith, NOAA, Peter Ortner, NOAA, Alma Szmant, RSMAS, Virginia Newell, RSMAS, Linda Eads, MAST Academy, Harry Vernon, 100 Island Dnve, and Shirley Brill, 550 Ocean Drive Councilman Padovan made a motion granting Council consent for the installation of the traffic light pursuant to county studies and technical data indicating a need for the traffic light The motion was seconded by Mayor Festa and adopted by a 5 - 2 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Vice Mayor Waid, and Mayor Festa voting Yes Councilmembers Sime and Sullivan voting No 7 PUBLIC COMMENTS There were no speakers present 8 ORDINANCES The clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 28 "SIGNS" OF THE CODE THE VILLAGE OF KEY BISCAYNE BY AMENDING SECTION 28-11 TO PROVIDE FOR AN EXTENDED PERIOD OF TIME IN WHICH TO CONFORM WITH THE PROVISIONS OF CHAPTER 28, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Mayor Festa opened the public heanng The following citizens addressed the Council Timothy Stickney, representing the Key Executive Building, 104 Crandon Boulevard, Jeff Krell, representing the Key Biscayne Chamber of Commerce, 604 Crandon Boulevard, James Brewster, 500 North Mashta Drive, Martha Broucek, 170 Ocean Lane Drive, Mike Rubin, Key Shopping Center Shopping Center, 610 Crandon Boulevard, and Robert Brookes, representing SunTrust Bank, 95 West McIntyre Street Councilman Llorente made a motion adopting the ordinance The motion was seconded by Vice Mayor Waid Mayor Festa made a motion amending Section 1 of the ordinance as follows Page 2 of 8 May 14, 1996 Section 28-11 Legal nonconforming Signs (a) Amortization of 1993 Sign Code Nonconformities Any Sign that lawfully existed at the time this chapter [Ordinance 93-4] became effective may be continued, although it does not conform to all the provisions hereof, provided that no structural alterations are made thereto, and that all such nonconforming signs shall be completely removed from the premises or made to conform by June 15 Dcccmbcr 31, 1996 If the owner of a Sign can document the facts that (1) the Sign was installed or renovated after January 1, 1990, (2) the Sign is in sound condition, and (3) the cost of such sign or renovation exceeded $3,000 00, the Council may extend the amortization period up to May 1, 1998 Provided that one non -conforming sign per establishment may remain until December 31. 1996 The motion was seconded by Councilman Padovan and failed on a 3 - 4 roll call vote The vote was as follows Councilmembers Sime, Sullivan and Mayor Festa voting Yes Councilmembers Llorente, O'Reilly, Padovan, and Vice Mayor Waid voted No The ordinance was adopted by a 6 - 1 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes Councilman Sullivan voting No 9 RESOLUTIONS The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN AGREEMENT WITH RACHLIN & COHEN & HOLTZ CERTIFIED PUBLIC ACCOUNTANTS AND CONSULTANTS, CORAL GABLES, FLORIDA, FOR THE PERFORMANCE OF FINANCIAL AND COMPLIANCE AUDITS OF VILLAGE FINANCIAL STATEMENTS, PROVIDING FOR AN EFFECTIVE DATE Councilman Sullivan made a motion adopting the resolution The motion was seconded by Councilman Padovan There was extensive Council discussion regarding the resolution Vice Mayor Waid made a motion to defer consideration of the resolution The motion was seconded by Councilman Llorente and adopted by a 5 - 2 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, and Vice Mayor Waid voting Yes Councilman Sullivan and Mayor Festa voting No Councilman Sullivan excused himself from the meeting at 9 05 p m Page 3 of 8 May 14 1996 The clerk read the following resolution by title i A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, RECOGNIZING MAY 12 THROUGH MAY 18, 1996 AS NATIONAL POLICE WEEK, PROVIDING FOR AN EFFECTIVE DATE Vice Mayor Waid made a motion adopting the resolution The motion was seconded by Mayor Festa and Resolution 96-12 was adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ACCEPTING THE GRANT OF EASEMENT FROM AWL KEY ASSOCIATES TO THE VILLAGE FOR THE PURPOSE OF PROVIDING ACCESS FOR THE VILLAGE AND PUBLIC FROM EAST HEATHER DRIVE TO THE PUBLIC BEACH ABUTTING THE ATLANTIC OCEAN, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE GRANT OF EASEMENT ON BEHALF OF THE VILLAGE, AUTHORIZING THE VILLAGE CLERK TO RECORD THE GRANT OF EASEMENT IN THE PUBLIC RECORDS OF DADE COUNTY, PROVIDING FOR AN EFFECTIVE DATE Mayor Festa made a motion adopting the resolution The motion was seconded by Councilman Sime Carter McDowell, representing the Grand Bay Resort and Residence, addressed the Council Village Planner Raul Lastra and Building, Zoning and Planning Director John Little also addressed the Council Resolution 96-13 was adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid and Mayor Festa voting Yes The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ACCEPTING THE GRANT OF EASEMENT FROM AWL KEY ASSOCIATES TO THE VILLAGE FOR THE PURPOSE OF PROVIDING A BUS STOP FOR THE VILLAGE AND PUBLIC LOCATED ON THE SOUTHEAST CORNER OF EAST HEATHER DRIVE AND CRANDON BOULEVARD, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE GRANT OF EASEMENT ON BEHALF OF THE VILLAGE, AUTHORIZING THE VILLAGE CLERK TO RECORD THE GRANT OF Page 4 of 8 May 141996 EASEMENT IN THE PUBLIC RECORDS OF DADE COUNTY, PROVIDING FOR AN EFFECTIVE DATE Mayor Festa made a motion adopting the resolution The motion was seconded by Vice Mayor Waid and Resolution 96-14 was adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ACCEPTING THE DEDICATION OF THE "BEACH ACCESS PROMENADE" PURSUANT TO THE DEDICATION AGREEMENT BY KEY BISCAYNE OCEAN CLUB LIMITED PARTNERSHIP, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE DEDICATION AGREEMENT ON BEHALF OF THE VILLAGE, AUTHORIZING THE VILLAGE CLERK TO RECORD THE DEDICATION AGREEMENT IN THE PUBLIC RECORDS OF DADE COUNTY, PROVIDING FOR AN EFFECTIVE DATE Village Attorney Stephen Helfman discussed technical amendments to the dedication agreement Carter McDowell, representing the Ocean Club, addressed the Council Mayor Festa made a motion adopting the resolution The motion was seconded by Councilman Sime and Resolution 96-15 was adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes Mayor Festa made a motion accepting a contribution from the developer of the Ocean Club project for the development of the dedicated land The motion was seconded by Vice Mayor Waid and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ACCEPTING THE DEDICATION OF THE "BEACH PARK" PURSUANT TO THE DEDICATION AGREEMENT BY KEY BISCAYNE OCEAN CLUB LIMITED PARTNERSHIP, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE DEDICATION AGREEMENT ON BEHALF OF THE VILLAGE, AUTHORIZING THE VILLAGE CLERK TO RECORD THE DEDICATION AGREEMENT IN THE PUBLIC RECORDS OF DADE COUNTY, PROVIDING FOR AN EFFECTIVE DATE Page 5 of 8 May 14 1996 Attorney Helfman discussed technical amendments to the dedication agreement Carter McDowell and John Hinson, representing the Ocean Club, addressed the Council Councilman Padovan made a motion adopting the resolution with the amended dedication agreement The motion was seconded by Councilman Sime Councilman O'Reilly offered an amendment to the dedication agreement inserting "passive" to identify the uses of the beach park The motion was seconded by Councilman Llorente Attorney Helfman advised the Council that a re -advertising of the zoning hearing would be required to amend the dedication agreement for that purpose The amendment failed on a 3 - 3 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly and Vice Mayor Waid voting Yes Councilmembers Padovan, Sime and Mayor Festa voting No Resolution 96-16 was adopted by a 4 - 2 roll call vote The vote was as follows Councilmembers O'Reilly, Padovan, Sime, and Mayor Festa voting Yes Councilman Llorente and Vice Mayor Wald voting No At this time, The planner and Mr Hinson made a presentation regarding proposed improvements for the proposed Village Lake Park to be dedicated to the Village at a future date Councilman Sime made a motion accepting the modifications to the development of the lake park as presented by staff and the Ocean Club project The motion was seconded by Councilman Padovan and adopted by a 4 - 0 - 2 voice vote The vote was as follows Councilmembers O'Reilly, Padovan, Sime, and Mayor Festa voting Yes Councilman Llorente and Vice Mayor Waid were absent during the vote The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, SUPPORTING THE INCLUSION OF THE VILLAGE OF KEY BISCAYNE SPECIFIC PROJECT PROPOSAL(S) WITHIN THE DADE COUNTY PARKS, RECREATION, BEACHES AND YOUTH FACILITIES MEASURE OF 1996 (SAFE NEIGHBORHOOD PARKS ACT) AND SUPPORTING PLACING THE MEASURE ON THE 1996 COUNTY BALLOT, PROVIDING FOR AN EFFECTIVE DATE Mayor Festa made a motion adopting the resolution The motion was seconded by Councilman Sime and Resolution 96-17 was adopted by a 4 - 0 - 2 voice vote The vote was as follows Councilmembers O'Reilly, Padovan, Sime, and Mayor Festa voting Yes Councilman Llorente and Vice Mayor Waid were absent dunng the vote Page 6 of 8 May 14 1996 10 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers At the request of Councilman Sullivan, Harry Vernon, 100 Island Drive, addressed the Council regarding canal circulation on the island The Council directed the manager and attorney to prepare a study on this matter and report to the Council at a future date Councilman Padovan discussed the Femwood Road sidewalk project Michael King, 475 Femwood Road, addressed the Council Mayor Festa made a motion to extend the meeting until 11 15 p m The motion was seconded by Councilman O'Reilly and adopted by a 5 - 1 voice vote Wald no There was brief discussion regarding the adoption of legislation by the Florida Legislature regarding the permitted use of golf carts on municipal streets The Council discussed scheduling future meetings on Thursday nights rather than on Tuesday nights The meeting was recessed at 11 15 p m and scheduled to resume at 7 00 p m on Thursday, May 16, 1996 Page 7 of 8 May 14 1996 Respectf' 11y • b tiled uido H In Village Cle anzo, Jr , CMC Approved by the Village Council this day of June, 1996 a_ JhnFFesta ayor IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED Page 8 of 8